Friday, March 28, 1997
Attorney general sues over nursing home death
By ROY A. JONES II
Senior Staff Writer
STAMFORD - The state is seeking up to $10,000 in civil penalties
from a Stamford nursing home in connection with the Jan. 25 death
of an elderly resident who wandered away during freezing weather.
The lawsuit filed in 259th District Court in Anson by Texas
Attorney General Dan Morales alleges Truco Properties Inc., doing
business as Teakwood Manor, violated minimum licensing standards
for nursing homes.
It claims the nursing home "failed to ensure that each
resident received adequate supervision and assistive devices to
prevent accidents ...."
The petition concerns the death of Everett "Hoot"
Woodson, 77, although it does not refer to him by name.
Investigators said the man walked away from Teakwood Manor
about 6:30 p.m. on Jan. 24 and was missed about 40 minutes later.
Stamford police and firemen searched for the man all night, along
with dozens of citizens on foot, in vehicles and on horseback.
Woodson's body was found in knee-high grass in a vacant lot
in the southwest part of Stamford - about 2-1/2 miles from the
nursing home - about 10:20 a.m. the following day. He had been
missing for 16 hours.
The man was not wearing a coat and the overnight temperature
was in the 30s with a wind-chill factor much lower, police said.
Justice of the Peace Marlon Smith said he believed Woodson
had been dead for only one to two hours when he was found. He
ruled death by natural causes, but noted that exposure to the
elements was a contributing factor.
According to a report by a Texas Department of Human Services
investigator, attached to the lawsuit, nursing home staff members
last saw Woodson about 6:30 p.m., walking in a hall.
At 7 p.m., his roommate told a nurse he was concerned about
Woodson because he hadn't seen him in about an hour. After a search
of the facility, police were notified at 7:10 p.m.
The TDHS report said Woodson had wandered away from Teakwood
once before, about 7:15 p.m. on Jan. 2. He was found by police
and returned 20 minutes later.
The report said Woodson was assessed on Jan. 9 as being "confused"
and subject to "wandering oblivious to needs or safety."
The "plan of care" for Woodson, dated Jan. 16, was to
"observe (him) closely for wandering."
Teakwood had identified two other residents as wanderers, the
report said, but as of Jan. 27, the day of the inspection, it
"still had no adequate system in place to prevent other confused
residents from wandering away from the facility ...."
Two exits were not equipped with any device to alert the staff
if a confused resident leaves the facility, the report said. It
added that staff members told investigators the doors were not
always watched during the evening hours because aides were usually
busy feeding residents and getting them back to bed, and the nurses
were giving medications and tube feedings.
Regional administrator Donny Doster said he was not aware of
the lawsuit until a reporter called him for comment.
"No one regrets what happened more than we do, and that
goes for the people we work for," he said. Doster and his
wife, Judy, who is administrator, have continued to work at Teakwood
Manor even though they won $35 million in the Texas Lotto on Feb.
5.
"We believe in this place. We want it to be their home
and for them to be comfortable," he said. Since the incident,
new locks have been put on all doors, and "we have a virtual
lockdown at night," he said.
"I wish we didn't have to, but that's about the only way
to prevent someone from wandering off when all the staff is busy."
He said Teakwood Manor has been in compliance with safety regulations
since it opened in 1971.
<I>(Anson correspondent Sandra Chittum contributed to
this report.)<I>
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